Construction Liens

IMPORTANT: DON’T LET MORE THAN 30 DAYS GO BY AFTER YOU COMPLETE YOUR WORK ON THE JOB.

Texas has historically sought to protect the rights of tradesmen and laborers to compensation for their labor and materials. This right to compensation goes back to the earliest days of Texas history and is secured by a constitutional grant of lien rights.

Lien perfection and enforcement

The Texas mechanic’s and materialmen’s lien statute and the Texas Constitution contain the requirements for establishing a mechanic’s lien. Among those requirements is written notice and/or deadline to file a suit to enforce. In some occasions this notice must be sent within certain time limits, to specified parties, and must contain information identified in the statute. Failure to comply with these requirements can result in the loss of lien rights. Construction Liens Attorney Javier Marcos can assist you with the transactional aspects of lien or bond claims enforcement including the preparation and filing of notices and lien affidavits, ensuring that the timeline is properly followed.

Litigation of Materialman’s and mechanics’ lien

Construction Liens Attorney Javier Marcos will help you identify your rights under the Texas Property Code and Texas Constitution and immediately take steps to identify how to prosecute or defend a Mechanic and Materiamlmen lien filed against you and/or to obtain monies owed to you. Construction Liens Attorney Javier Marcos will file suit to remove the lien or file suit to possibly foreclose on the mechanics’ and materialmen’s lien. It is important to note that it is often more economical, or financially feasible, to negotiate a settlement in a payment dispute to avoid a zero recovery due to unforeseen circumstances such as bankruptcy. Construction Liens Attorney Javier Marcos have handled thousands of disputes in Texas and Federal Courts and we are well-prepared to represent your interests.

What is a “Lien”?

A lien is a retention of property or interest to insure payment of a debt or other obligation.

A lien is placed on the owner of the property and benefits the person who placed it, called the “lien holder”.

The lien is retained until the debt has been paid, once an agreement is arrived at and paid, the lien is removed.

It doesn’t matter if you rendered services without a written contract, the law protects oral contracts.

If you’re a contractor and you have not been paid for your services or supplies, you have the right to place a lien against the property on which you’ve worked.

Don’t let more than 30 days go by after you complete the work or you may not be able to place a lien.

Who can place a “Lien”?

Any contractor or person that builds and makes improvements or repairs on a property, provides construction materials, rents equipment, or renders services to improve the property has the right to be paid through the property if he/she has not been paid for their services.

Contractors.

Subcontractors.

Employees.

Companies that don’t receive pay.

Equipment supplier.

Equipment rental companies.

Sellers of Construction materials.

Non-payment / Loss of Salary / Are you still owed money or have you been paid less than the full amount on a Construction Project?

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